RTCW ET LIMITED USE SOFTWARE LICENSE AGREEMENT
LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (this "Agreement") is a legal
agreement between you, the end-user, and Id Software, Inc. ("ID"). BY
CONTINUING THE DOWNLOAD OR INSTALLATION OF THE GAME PROGRAM ENTITLED
WOLFENSTEIN: ENEMY TERRITORY (THE "SOFTWARE"), BY LOADING OR RUNNING THE
SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE,
COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT. You agree that you are obtaining a copy of the Software via
download only, and you acknowledge and agree that you shall not copy or retain
the Software except as expressly permitted herein.
1. Grant of License. Subject to the terms and provisions of this Agreement
and so long as you fully comply at all times with this Agreement, ID grants to
you the non-exclusive and limited right to use the Software only in executable
or object code form. The term "Software" includes all elements of the
Software, including, without limitation, data files and screen displays. You
are not receiving any ownership or proprietary right, title or interest in or
to the Software or the copyrights, trademarks or other rights related thereto.
For purposes of the first sentence of this section, "use" means loading the
Software into RAM and/or onto computer hard drive, as well as installation of
the Software on a hard disk or other storage device, and means the uses
permitted in sections 2 and 4 hereinbelow. You agree that the Software will
not be downloaded, shipped, transferred, exported or re-exported into any
country or to a national or resident of any country in violation of the United
States Export Administration Act (or any other law governing such matters) by
you or anyone at your direction and that you will not utilize, and will not
authorize anyone to utilize, in any other manner, the Software in violation of
any applicable law. The Software shall not be downloaded or otherwise
exported or re-exported into any country or to a national or resident of any
country to which the United States has embargoed goods or to anyone or into
any country who/that are prohibited, by applicable law, from receiving such
property. In exercising your limited rights hereunder, you shall comply, at
all times, with all applicable laws, regulations, ordinances and statutes. ID
reserves all rights not granted in this Agreement, including, without
limitation, all rights to ID's trademarks.
2. Permitted New Creations. Subject to the terms and provisions of this
Agreement and so long as you fully comply at all times with this Agreement, ID
grants to you the non-exclusive and limited right to create for the Software
(except any Software code) your own modifications (the "New Creations") that
shall operate only with the Software (but not any demo, test or other version
of the Software). You may include within the New Creations certain textures
and other images (the "Software Images") from the Software. You shall not
create any New Creations that infringe against any third-party right or that
are libelous, defamatory, obscene, false, misleading, or otherwise illegal or
unlawful. You agree that the New Creations will not be downloaded, shipped,
transferred, exported or re-exported into any country or to a national or
resident of any country in violation of the United States Export
Administration Act (or any other law governing such matters) by you or anyone
at your direction and that you will not utilize, and will not authorize anyone
to utilize, in any other manner, the New Creations in violation of any
applicable law. The New Creations shall not be downloaded or otherwise
exported or re-exported into any country or to a national or resident of any
country to which the United States has embargoed goods or to anyone or into
any country who/that are prohibited, by applicable law, from receiving such
property. You shall not rent, sell, lease, lend, offer on a pay-per-play
basis or otherwise commercially exploit or commercially distribute the New
Creations. You are permitted only to distribute, without any cost or charge,
the New Creations to other end-users so long as such distribution is not
infringing against any third-party right and is not otherwise illegal or
unlawful. As noted below, in the event you commit any breach of this
Agreement, your license and this Agreement automatically shall terminate,
without notice.
3. Prohibitions with Regard to the Software. You, whether directly or
indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a "pay-per-play" basis;
e. distribute the Software by any means, except as permitted by section 4
hereinbelow;
f. in any other manner and through any medium whatsoever commercially exploit
the Software, or use the Software for any commercial purpose, including,
without limitation, giving away copies of the Software for free to promote or
market any other material;
g. disassemble, reverse engineer, decompile, modify, except as permitted by
section 2 hereinabove, or alter the Software;
h. translate the Software;
i. reproduce or copy the Software, except as permitted by section 4
hereinbelow;
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. modify, remove or alter this Agreement or any notices or other markings or
legends, such as trademark or copyright notices, affixed on or within the
Software.
4. Permitted Distribution and Copying. So long as this Agreement accompanies
each copy you make of the Software and so long as you fully comply at all
times with this Agreement, ID grants to you the non-exclusive and limited
right to: (i) copy the Software from the download onto your computer hard
drive; (ii) copy the Software from your computer hard drive into your computer
RAM; (iii) copy on one (1) hard disk one (1) "back up" or archival copy of the
Software; and (iv) copy the Software and distribute such copies as standalone
copies on physical media or in electronic format of the Software free of
charge for non-commercial purposes and not in connection with any other
material. You shall not distribute copies of the Software as mounted on or
attached to the covers or any other part of magazines or other printed
material. You shall not copy or distribute the Software in any manner that
infringes against, misappropriates or otherwise violates any third-party right
or that is libelous, defamatory, obscene, false, misleading, or otherwise
illegal or unlawful. You shall not receive any postage, shipping, handling or
other charge, payment, fee, or other consideration, including items in trade,
in exchange for or in connection with copies of Software you may distribute,
even if only for reimbursement. You shall not receive any value or
consideration in exchange for or in connection with copies of the Software you
may distribute. You shall not distribute the Software bundled, co-packaged or
together with any material. You shall not distribute the Software in
connection with the promotion or marketing of any material. Except as such
are included by ID within copies of the Software that you are permitted to
make under this Agreement, you shall not reproduce, depict, display or copy
the title of the Software, the ID name or any screen display or other element
or part of the Software. In exercising your limited rights hereunder, you
shall comply, at all times, with all applicable laws, regulations, ordinances
and statutes. ID reserves all rights not granted in this Agreement. You shall
not commercially distribute the Software unless you first enter into a
separate contract with ID, on terms and conditions determined in ID's sole
discretion, and only upon your receipt of a written agreement executed by an
authorized officer of ID.
5. Intellectual Property Rights. The Software and all copyrights, trademarks
and all other conceivable intellectual property rights related to the Software
are owned by ID and are protected by United States copyright laws,
international treaty provisions and all applicable law, such as the Lanham
Act. You must treat the Software like any other copyrighted material, as
required by 17 U.S.C. § 101 et seq. and other applicable law. You agree to
use your best efforts to see that any user of the Software licensed hereunder,
or the New Creations, complies with this Agreement. You agree that you are
receiving a copy of the Software by limited license only and not by sale and
that the "first sale" doctrine of 17 U.S.C. § 109 does not apply to your
receipt or use of the Software. This section shall survive the cancellation or
termination of this Agreement.
6. NO ID WARRANTIES. ID DISCLAIMS, AND ITS LICENSEE'S (INCLUDING,
WITHOUT LIMITATION, ACTIVISION INC. AND ITS AFFILIATES) DISCLAIM, ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE SOFTWARE
IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY.
ID DOES NOT (AND ITS LICENSEES DO NOT) WARRANT THAT THE SOFTWARE OR THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE
SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL
STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID (OR
ANY ID LICENSEE) AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE
THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
7. Governing Law, Venue, Indemnity and Liability Limitation. This Agreement
shall be construed in accordance with and governed by the applicable laws of
the State of Texas and applicable United States federal law. Exclusive venue
for all litigation regarding this Agreement shall be in Dallas County, Texas,
and you agree to submit to the jurisdiction of the federal and state courts in
Dallas County, Texas, for any such litigation. You hereby agree to indemnify,
defend and hold harmless ID and ID's officers, employees, directors, agents,
licensees (excluding you), sub-licensees (excluding you), successors and
assigns from and against all losses, lawsuits, damages, causes of action and
claims relating to and/or arising from the New Creations or the distribution
or other use of the New Creations or relating to and/or arising from your
breach of this Agreement. You agree that your unauthorized use of the
Software Images, or the Software, or any part thereof, immediately and
irreparably will damage ID such that ID could not be compensated adequately
solely by a monetary award, and upon such actual or threatened unauthorized
use, at ID's option, that ID shall be entitled to an injunctive order, in
addition to all other available remedies, including a monetary award, to
prohibit such unauthorized use without the necessity of ID posting bond or
other security. IN ANY CASE, ID, AND ID'S OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES
(EXCLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CLAIM BY
ANY THIRD PARTY OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY OTHER
DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF
ID OR ID'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you. This section shall
survive the cancellation or termination of this Agreement.
8. United States Government Restricted Rights. To the extent applicable, the
United States Government shall only have those rights to use the Software as
expressly stated and expressly limited and restricted in this Agreement, as
provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
9. General Provisions. Neither this Agreement nor any part or portion hereof
shall be assigned or sublicensed by you. ID may assign its rights under this
Agreement in ID's sole discretion. Should any provision of this Agreement be
held to be void, invalid, unenforceable or illegal by a court of competent
jurisdiction, the validity and enforceability of the other provisions shall
not be affected thereby. If any provision is determined to be unenforceable
by a court of competent jurisdiction, you agree to a modification of such
provision to provide for enforcement of the provision's intent, to the maximum
extent permitted by applicable law. Failure of ID to enforce any provision of
this Agreement shall not constitute or be construed as a waiver of such
provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR
FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT,
YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE,
WITHOUT NOTICE, AND ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE
AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon
termination of this Agreement, any and all rights you are granted hereunder
shall terminate, you shall have no right to use the Software or the New
Creations, in any manner, and you immediately shall destroy all copies of the
Software and the New Creations in your possession, custody or control, and all
rights granted hereunder shall revert, without notice, to and be vested in ID.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR INSTALLATION OF
THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR
WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN ID AND YOU, THIS AGREEMENT IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES
HERETO, RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL
PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
COMMUNICATIONS, IF ANY, BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT.
